Suspect
by KnockMeDown
Summary: During a murder investigation, Briscoe and Logan are led to a surprsing suspect.
1. Chapter 1

DISCLAIMER: The characters of Law and Order aren't mine. If they were, I wouldn't be writing stories about them on this website.

"What do we got?" Mike Logan asked the CSU officer on the scene.

"Caucasian male. Shot once in the head," the officer replied.

"ID?" Mike asked hopefully, though not expecting one. To his surprise, the officer nodded.

"Alan Grant," he said.

"Alan Grant," Mike repeated. The name sounded familiar. "Isn't he the cop who killed that girl a few months ago?"

"Yeah. He was acquitted a couple of weeks ago. I believe the prosecutor on the case was-" the officer began.

"Jack McCoy," Mike finished for him as Lennie Briscoe joined his partner.

"Just finished talking to the couple that called it in. Said they saw a tall, dark haired man leaving the scene," Lennie said. Mike nodded.

"Maybe we should talk to McCoy, see if he can put us in touch with the family. That would save us some time," Mike suggested and glanced at his watch. "It's 10:30. Want to wait till tomorrow?"

Lennie shook his head. "He's probably still at Hogan Place."

*****

"Come in," a tired voice answered the knock on McCoy's office door. Mike and Lennie walked in. "Detectives," Jack greeted them. "To what do I owe the pleasure?"

"We were wondering if you could put us in touch with the family of Alan Grant's victim. What was her name?" Lennie said.

McCoy stiffened and supplied the name, "Natalie Anderson. And I never really talked to her family much. What's this about?"

"Alan Grant was shot earlier," Mike answered.

"You sure you can't remember a name? Anyone at all?" Lennie probed. Jack sighed and ran a tired hand through his dark hair.

"She was married. Jason Anderson," he said finally.

"Alright, thanks," Lennie said and followed Mike to the door.

*****

The next morning Mike and Lennie sat across from Jason Anderson at a small glass dining table in his apartment. Anderson, a cop, was shocked and far from disappointed at news of the death of his wife's murderer.

"So, where were you last night?" Mike asked the routine question.

"My partner and I went out for drinks with a few other cops," Jason answered.

"We're going to need those names," Mike said, holding out his notebook and a pen. Jason nodded and scrawled down three names.

"Did your wife have any other family living here?" Lennie asked.

"Her dad, Robert, lives in Chicago but he came down for the trial. He's still here," Jason said after a moment's hesitation.

"Where's he staying?" Lennie asked.

"At his brother's house--but if you want to talk to him I'd check Flannigan's Pub first," Jason replied.

"What's Robert's last name?" Mike asked.

"McCoy," Jason answered. Mike and Lennie exchanged glances as they got up to leave.

"Thanks for your help," Lennie said handing Jason his card. "Call us if there's anything else." Jason nodded in agreement and escorted them to the door.

When the door was closed, Lennie said, "McCoy."

"Not a very common name."

"Come on," Lennie said. "Let's go check out that alibi."

*****

The alibi checked out, and Mike and Lennie were informing Anita Van Buren of their discoveries over some cold pizza and bad coffee.

"So, you think that Robert McCoy is related to Jack McCoy?" Anita asked.

"If he is," Lennie said through a mouthful, "our trusty ADA lied to us."

"Hmm," Anita pondered and took a sip of coffee. "Check out Robert McCoy. If they are related, bring Jack down here."

The two shared a look and finished their slices of pizza before getting up.

*****

Flannigan's was a dark place, and it only had a few patrons. There were a couple of overweight construction workers throwing darts, another two men playing a game of pool, and three people sitting at a bar. Lennie and Mike walked up to a dark haired man sitting at the end of the bar.

"Robert McCoy?" Mike asked, flashing his badge.

"Yeah," the man answered hesitantly. If there was any doubt before that Robert was Jack's brother, it disappeared when they got a good look at the man before them. He was a younger version of Jack. The only major difference were the eyes; Robert's were blue. "How can I help you?"

"We're investigating the murder of Alan Grant," Mike said. The man stiffened at the name, the same way Jack had in his office. "Do you know anything about that?"

"I watch the news," Robert said.

"Where were you Sunday night?" Lennie asked.

"I was here," Robert answered and took a sip of his Guinness.

"All night?" Lennie asked doubtfully.

"Until I went back to my brother's house," Bobby confirmed.

"Jack?"

Robert smiled wanly and said, "Johnny."

"Anyone see you here?" Mike asked.

"The bartender," Robert said.

"You own a gun?" Lennie asked.

"It's registered," Robert replied. Lennie sighed.

"Alright. Stay in town."

*****

"Why'd you lie to us, Jack?" Mike asked Jack McCoy in the interrogation room at the 2-7.

When he didn't answer, Lennie said, "You told us you didn't really talk to the family of Natalie Anderson. You failed to mention you were _part _of her family."

"It was irrelevant," Jack replied quietly.

"Irrelevant? Grant killed your niece, and then got away with it. That must have made you pretty mad, right?" Mike said.

"And now he's dead," Lennie added. "Do you have an alibi?"

Jack shook his head.

"Hmm…Motive, no alibi, your brother owns a gun…" Mike trailed off.

"You tell us, Counselor. Is that enough for a search warrant?" Lennie asked.

"Depends on the judge. And the lawyer. But, don't sweat it," Jack said reaching into his pocket. He tossed a key to Mike. "You've got my consent. Just make sure I get the key back."

Mike and Lennie looked surprised. "Why are you being so cooperative?" Mike asked.

"Because I appreciate what a pain in the ass an uncooperative suspect can be," Jack answered. "Can I go now?"

*****

"I guess ADA's aren't paid as much as I thought," Mike said, looking around McCoy's shabby apartment.

"His place is nicer than mine," Lennie answered him from the kitchen.

"Detectives," an officer called from inside Jack's bedroom. Lennie and Mike joined him. The officer was holding a gun gingerly in a gloved hand.

"Get that to ballistics," Lennie instructed. The officer nodded and left the room.

"We've got motive and a weapon. And no alibi. If that gun is matched to the bullets, we should have enough for an arrest," Mike observed.

"Don't jump the gun quite yet," Lennie said. "It still needs to be checked for prints."

*****

Mike, Lennie, and Anita were eating lunch in her office when the received the reports from ballistics. Lennie, who was closest, took the reports and scanned through them. "The gun's a winner," he said.

"What about prints?" Anita asked. Lennie flicked through the report.

"A partial match for McCoy," Lennie said. Anita shook her head in disbelief.

"Which one?" Anita asked.

"Jack."

"I don't get it. The man practically dedicates his life to putting murderers in jail. Now he is one," Anita said. Lennie shrugged.

"People change. I knew Alan Grant. He seemed like a decent cop, and then he killed someone too."

Anita sighed. "Pick him up."

*****

Adam Schiff sat in his office discussing a case with Jack and Claire Kincaid when the detectives barged in. The walked over to McCoy, who stood up when they entered.

"John McCoy, you're under arrest for the murder of Alan Grant," Mike said as he cuffed Jack.

"Jack, what the hell is going on?" Adam asked. Claire sat there, her mouth hanging open.

"You have the right to remain silent…"


	2. Chapter 2

Jack McCoy was silent as he was escorted to the courtroom for his arraignment. Upon seeing a friendly face approaching him, he smiled sheepishly.

"How did you know I needed a lawyer?" he asked.

"Mr. Schiff called me," Danielle Melnick replied.

*****

Bail was set at one million dollars--the kind of money that Jack didn't have. So he stayed in jail. It reminded him of the times he was held in custody for contempt--except he knew for sure they'd let him out then. But now…now there was a chance he'd be staying in jail for the rest of his life. He sighed and lay down on his uncomfortable bunk.

*****

"You honestly believe he did it?" Claire asked Adam incredulously.

"As a prosecutor you can't let friendship get in the way of your judgment," Adam replied. dodging the question.

"That's a lovely answer, Adam. But it was a yes or no question," Claire said. Adam sighed.

"I don't know," he replied wearily just as someone knocked on the door. "Come in."

A short, thin man with thick, wavy brown hair and brown eyes covered by half-rim glasses walked in holding a brief case. "Jeremy," Adam greeted him with a short nod.

"Mr. Schiff," Jeremy returned the greeting.

"Miss Kincaid, this is your new partner Jeremy Stevens. Jeremy, this is your new second chair Claire Kincaid. The two of you will be prosecuting Ja-- the McCoy case." Adam said.

"I want Murder One," Jeremy informed the two. Adam looked as if he'd been slapped across the face.

"What?" he asked in disbelief.

"Jack McCoy killed a cop," Jeremy began.

"No, Jack is accused of killing a murderer," Adam corrected.

"Alan Grant was acquitted," Jeremy pointed out. "Meaning he was innocent."

"No, it means the investigating detectives didn't get a search warrant," Adam countered.

"Grant was still a cop," Jeremy said.

"You honestly want to stick a needle in Jack McCoy's arm?" Adam asked.

"Well, not personally," Jeremy answered with a slight frown.

Adam scowled and shook his head. "I won't allow it." Then he turned to Claire. "Go down to the 2-7 and get them to take another look at his brother. I want to be _absolutely _sure we're prosecuting the right man before we go any further with this case.

*****

"We looked at Robert McCoy again," Lennie said through a bite of hotdog. "His alibi isn't rock solid, but the prints on the gun match Jack's."

"Maybe Jack picked up the gun afterwards," Claire suggested. Lennie nodded.

"It's possible. What do you think, Mike?"

"It's hard to say. Both had motive, opportunity, and access to the murder weapon," he observed. "The only real evidence that suggests that it was Jack are the prints."

Suddenly, Claire had an idea. She told it to Lennie and Mike. They looked at each other and nodded.

"It could work," Lennie said.

"Let's go tell Van Buren," Mike agreed and popped the last bit of hotdog in his mouth.

*****

Lt. Van Buren agreed to go along with Claire's plan, and successfully convinced Jack to agree to an interrogation--without his lawyer. She was standing in the observation room, with Claire and Robert McCoy, whom Lennie and Mike had persuaded to come down to the precinct.

Jack tapped his foot impatiently, waiting for the detectives to enter. When they finally did, they were joined by Jeremy Stevens.

The ADA said, "We're giving you a chance to come clean, Mr. McCoy."

"I've sustained the fact that I'm innocent this whole time," Jack said. "I don't have anything to come clean about."

"All the evidence points to you, Jack," Lennie said.

"Either you did it, or your covering for the person who did," Mike added.

When Jack didn't answer, Jeremy said, "I don't think you understand, Mr. McCoy. We're indicting you for Murder One. You'll be facing the death penalty." Anita shot a startled glance towards Claire, whose expression was reflecting Van Buren's. She shrugged as if to say she didn't know anything about it. Then Van Buren looked at Robert McCoy. He was shaking his head slightly, a scowl making his face look five years older.

"No, no, no," he muttered over and over under his breath.

"A capital crime?" Jack asked dubiously. Jeremy nodded his head. Jack bit the inside of his lip.

After minutes of silence, he finally said, "I did it." There was a strain in his voice. Robert's eyes widened in horror and he darted around Anita and barged into the interrogation room. Jack bolted upright.

"Bobby, what the hell are you doing here?" he asked. Robert shook his head.

"You can't do this, Johnny," he said. "You can't do it."

"Bobby, shut up. It's done," Jack said. Robert turned to Briscoe and Logan.

"I did it," he said. Jack shook his head.

"Bobby, don't-" he started. Robert put his hand up to silence him.

"We can't just take your word for it," Mike said. "Do you have any way to corroborate your story?" Bobby thought for a moment.

"I was wearing gloves," he said finally. "I still have them. They'd have…"

"Gun powder residue," Lennie finished for him.

"Bobby, you don't have to do this," Jack said.

"No, he does," Jeremy said. Jack glared at him, and Jeremy took a step back.

*****

Lennie and Mike followed Robert McCoy to Jack's apartment. He spent a moment rummaging through his suitcase until he came upon a pair of black gloves. The gloves had both gun powder residue and Robert's fingerprints on them.

"Looks like we arrested the wrong brother," Lennie said to Mike when they got back to the precinct.

*****

Adam walked into Jack's office the next morning, to find him filling a cardboard box with his things.

"What the hell are you doing?" Adam asked. Jack turned to face him.

"I just assumed that you'd fired me," he began. Adam shook his head.

After a moment, he asked, "Why'd you do it?"

"I didn't," Jack said. "We've already established that."

"Not that," Adam said. "Why'd you confess?"

"Oh, I don't know," Jack began bitterly. "Maybe because 25 to life is better than poison coursing through my veins."

"What are you talking about?" Adam asked.

"Don't give me that crap!" Jack practically shouted. "Man One, Adam? The death penalty? The man was a murderer!"

"Man One? I don't know what you're talking about," Adam said again.

"I talked to Stevens. He told me you were going for the death penalty," Jack accused. "How could you do that?" Adam's mouth was hanging open. Jack raised his eyebrows waiting for a response. "Well?"

"I told Stevens we weren't going for the death penalty," Adam said.

"Well, he obviously didn't hear you."

*****

"What were you thinking?" Adam asked angrily. "That I wouldn't find out?" Jeremy Stevens was at a loss for words. "I specifically told you that we weren't pursuing the death penalty!"

"I…well, he was…I just…" Jeremy stumbled over his words. Adam put a hand up to stop him.

"No excuses. You step out of line one more time, and your out of here? Got it?" Jeremy nodded frantically. Adam motioned for him to leave, which he did so.

*****

"The defense calls Jack McCoy," Public Defender Natalie Goldstein said. Jack walked to the witness stand and was quickly sworn in.

"Mr. McCoy," Goldstein began, "How long have you known my client?"

"His whole life," Jack said. "He's my brother."

"And, in his life, have you ever known him to be violent?"

"No."

"So, you were surprised when you heard that your brother was a suspect in Alan Grant's murder?"

"Not exactly."

"And why's that?"

"Because Alan Grant killed my niece, Robert's daughter. It was a natural guess to investigate him."

"Isn't it true that you were also investigated for Mr. Grant's murder?"

"Objection, relevance?" Jeremy called from the prosecution table.

"Overruled," Judge Rivera said. "Answer the question."

"Yes," Jack answered.

"And you also confessed to this crime?"

"Yes."

"And yet, the police arrested your brother instead?"

"He confessed also," Jack answered in monotone.

"So how do we know which one of you killed Grant?"

"My brother's gloves have gunshot residue on them," Jack answered.

"The gun had a partial print that matched your fingerprints." Goldstein countered.

"Objection!" Stevens called.

"Overruled."

"Yes, it did," Jack said.

"No further questions." Goldstein said and walked smugly back to her seat next to Robert McCoy. Jeremy stood up and buttoned his jacket.

"Mr. McCoy, to your understanding, why did the police believe your brother did it instead of you?" Jeremy asked.

"Objection!" Goldstein called. "Calls for speculation--Mr. McCoy couldn't have known what the detectives were thinking in making that decision."

Judge Rivera turned to Jeremy, expecting a response. When he didn't hear one immediately, he said "Sustained."

"Why did you confess, Mr. McCoy?" Jeremy asked.

"It was my understanding that the DA's office was pursuing the death penalty, and you seemed to have a pretty strong case. I'd prefer to be alive than dead," Jack answered.

"Why did the gun have your fingerprint on it?"

"I was looking at the gun one day, to see what type it was. That must've been how it got my print on it."

"Thank you. Nothing further."

*****

The bailiff carried the folded piece of paper to the judge, who read it and handed it back. "Madame forewoman, have you reached a verdict?"

A plump woman with brown hair pulled into a bun on the top of her head stood up. "We have your honor."

"And in the case of _The People v. McCoy,_ how do you find?"

"We find the defendant, Robert McCoy, not guilty."

Robert hugged his Goldstein and then turned to Jack, who was standing directly behind them. Jack smiled at him and gave him a pat on the back. Then he turned to Goldstein and shook her hand. "I'll see you later," he said the Robert and left the courtroom.

*****

"I'm surprised you haven't charged me with obstruction of justice or hindering prosecution yet," Jack observed in Adam's office.

"Why would I do that?" Adam asked.

"If I hadn't confessed, their wouldn't have been as much reasonable doubt. You could have convicted him," Jack said.

"That's not true," Adam said.

"There was plenty of evidence that pointed to you," Claire agreed.

"Although, I'm sure Jeremy wants someone to blame for his loss," Adam remarked. "That was his first big case," he added.

"A rookie," Jack said. "I was curious as to why I didn't know him."

"Grant deserved a needle stuck in his arm. Bullet to the head isn't much different," Adam stated.

"Except the former is legal," Jack retorted sullenly.

"What's with you?" Adam asked. "You should be happy, your brother got off."

"I can't help but think that none of this would have happened if I had just convicted Grant in the first place," Jack said.

"Would a scotch help?" Adam asked. Grinning slightly, Jack nodded.


End file.
